Appsflow - APA Cloud Market Data

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By ticking this box, you, the Customer, agree the following terms:

A.Appsbroker has created and is the licensor of certain software products and services, including hosted services related to market data (the “Services” as defined below).

B. The Customer wishes to trial such Services from Appsbroker, on the terms of this Agreement, subject to any limitations and restrictions imposed on Client by the providers of the market data.

C. This agreement has been abbreviated to allow immediate access to the Services.

  1. Key Terms of this agreement
    1. This contract is for X Weeks from the date at the front of this agreement. Access to the service will be removed at the end of the trial period.
    2. Support from Appsbroker will be available during the trial period on a best efforts
      basis - priority will be given to contracted clients
    3. The trial will be Free of Charge
    4. Access to the Service is granted to a limited number of users to allow the Client to assess functionality and content..
    5. Due to rules imposed by the APA Providers, any Market Data accessed during the trial period must be used for internal display purposes only
    6. Appsbroker reserves the right to immediately withdraw access should it become aware that the Client is using the data for any purpose other than internal display
    7. A fair usage policy will be enforced and whilst no charges will be
      made should the use exceed the set boundaries Appsbroker reserves the right to withdraw access to the service
    8. Client will not, except as may be allowed by any mandatory applicable law which is incapable of exclusion, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service
    9. Appsbroker will comply with Schedule 2 (Security)
    10. the Services are provided “AS IS” and all warranties, terms and other assurances, whether implied or express, arising under law or custom relating to the Services and the Data, including as to accuracy, suitability, timeliness, completeness, title, merchantable quality, fitness for purpose, satisfactory quality, are hereby excluded by Appsbroker. Appsbroker does not warrant or provide any assurance that the Services or the Data are or will be suitable for Client’s needs or business purposes. Appsbroker and its Affiliates do not provide any recommendations or advice as to investment decisions and Client shall not rely on the Services or the Data as the basis of any investment decision or trading strategy. Client shall not use, or permit the use of, the Data as a submission or component to any benchmark or index (as those terms are defined in the Benchmark Regulation (Regulation (EU) 2016/1011). Appsbroker does not provide any guarantee or assurance that the distribution or licensing policies of Data Providers accord with applicable regulatory or legal requirements.
    11. This Agreement and any related non-contractual matters shall be governed by the laws of England and the parties both agree to submit to the exclusive jurisdiction of the courts of England.

SCHEDULE 1

Support

    1. Appsbroker Obligations
      1. Appsbroker will use reasonable efforts to provide support assistance and maintenance activities for the Service, via portal (http://support.appsbroker.com) for Service affecting incidents.
      2. Support hours are with UK Business hours, defined as 8am to 6pm UK local time, Monday to Friday, excluding UK public holidays
      3. Client Obligations
        1. Client will nominate a single point of contact who will be notified of Service maintenance activities and any associated downtime. The Service owner is responsible for managing the impact of any system changes within Client’s organisation, such as (but not limited to) gaining appropriate internal IT change approvals.
        2. Client will provide first line support duties through their existing support staff and will carry out relevant issue diagnostics to support the resolution of the issue by Appsbroker. It is expected first line support personnel have used all support materials supplied and will provide training and guidance from end users. These include (but are not limited to) support documentation, troubleshooting guides and known issues logs. Where applicable, a checklist of steps to follow prior to logging a support call may be provided. Support tickets should include, where applicable, detailed steps to reproduce the issue, screen-shots, logs or similar information to ensure rapid diagnosis of the isuse and subsequent resolution. Support tickets that do not include confirmation of troubleshooting or the information requested will lead to a delay in resolution.
    2. General Support Service Exclusions
      1. No further support will be provided for incidents where there is a failure by Client to implement recommendations to alter behaviour or interactions with the Service, in respect of, or solutions to, incidents that have previously been advised by Appsbroker.
      2. No support assistance will be provided when it is apparent that Client is using the Service for a purpose other than for which it was originally intended or designed.
    3. Service Availability
      1. Appsbroker will use reasonable efforts to maintain availability to the Service to Client except for
        1. Scheduled Maintenance”: being maintenance of the Service that has been notified , if Service disruption or other impact to the Service is necessary, Appsbroker will endeavour to provide at least 20 days prior written notice to Client before any such planned maintenance is undertaken. The maintenance window is defined as between 20:00 and 22:00 UK time. Where applicable, changes will be provided for review by Client in a staging environment prior to release to production.
        2. Unplanned Maintenance”: being maintenance of any emergency nature to the Service which must be performed in order to avoid adverse consequences for Client. Examples of unplanned maintenance include addressing critical security vulnerabilities or to resolve high priority Service affecting incidents and which could not have reasonably have been performed as Planned Maintenance, in respect of which, Appsbroker has used reasonable endeavours to give Client at least 24 hours’ notice in advance of any service affecting maintenance taking place, together with the timing for the start and completion of the maintenance, the reason for the maintenance and the consequences of the maintenance.

SCHEDULE 2

Security

Appsbroker warrants that it has an ISO/IEC 27001:2013 Certification in relation to its operations relating to the Services and shall use reasonable efforts to maintain an equivalent certification for the duration of the term.

Appsbroker operates the Services within a member state of the European Union, EEA (European Economic Area) or United Kingdom, but reserves the right to relocate instance(s) where the Services

Each party should notify the other as soon as possible upon becoming aware of any material security incident affecting the infrastructure used to provide or receive the Services.

Further information on information security may be provided on request; please note that such information is Confidential Information of Appsbroker.